16 U.S.C. § 460l–18 — Authority of Secretary of the Interior

submitted 61 years ago by Pub. L. 89-72 to r/title-16-CONSERVATION · 588 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Interior Secretary build recreation and wildlife facilities at reservoirs the government controls. The Secretary can also transfer project land to other agencies or local governments to run. Land near national forests usually passes to the Agriculture Secretary instead.

(a) Provision of facilities, acquisition of lands: The Secretary may, at any reservoir already built or controlled by the Secretary under federal reclamation law (except reservoirs inside national wildlife refuges), investigate, plan, build, run, maintain, or otherwise provide public outdoor recreation and fish-and-wildlife facilities. The Secretary may also acquire nearby land needed for that recreation or wildlife use, and manage project land, facilities, and water in coordination with the project's other purposes. But the Secretary can only provide this land, facilities, or project changes after signing an agreement under section 460l–14(b) or (c). (b) Agreements with government agencies: The Secretary may sign agreements with federal agencies or state or local public bodies to run project land and water, and to operate, maintain, and replace facilities. The Secretary may also transfer project land or facilities to them, by lease or exchange, on whatever terms best serve the public interest for recreation and fish-and-wildlife purposes. (c) Transfer of lands: No land controlled by another federal agency can be used for recreation or wildlife under this section without that agency's consent — though that agency's head can choose to transfer the land to the Interior Secretary for this purpose. The Interior Secretary must transfer project land and facilities near national forests to the Agriculture Secretary for national-forest purposes, and must do so whenever the project's reservoir sits entirely inside a national forest's boundaries — unless both Secretaries jointly decide otherwise. Land transferred this way becomes national forest land. But land needed to actually run the reservoir stays under the Interior Secretary as long as needed for that operation. Nothing here limits the Interior Secretary's other existing legal powers over recreation, wildlife, or public-land disposal.

the actual law source: uscode.house.gov ↗public domain

(a) Provision of facilities, acquisition of lands, and provision for public use and enjoyment of project lands, facilities, and water areas in coordination with other project purposes; execution of agreements before providing lands, facilities, and project modifications

The Secretary is authorized, in conjunction with any reservoir heretofore constructed by him pursuant to the Federal reclamation laws or any reservoir which is otherwise under his control, except reservoirs within national wildlife refuges, to investigate, plan, construct, operate and maintain, or otherwise provide for public outdoor recreation and fish and wildlife enhancement facilities, to acquire or otherwise make available such adjacent lands or interests therein as are necessary for public outdoor recreation or fish and wildlife use, and to provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes. Lands, facilities and project modifications for the purposes of this subsection may be provided only after an agreement in accordance with subsection (b) or (c) of section 460l–14 of this title has been executed.

(b) Agreements with government agencies to promote development and operation of lands or facilities for recreation and fish and wildlife enhancement purposes

The Secretary of the Interior is authorized to enter into agreements with Federal agencies or State or local public bodies for the administration of project land and water areas and the operation, maintenance, and replacement of facilities and to transfer project lands or facilities to Federal agencies or State or local public bodies by lease agreement or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation and fish and wildlife enhancement purposes.

(c) Transfer of lands; consent of other Federal agencies to use of lands for recreation or fish and wildlife purposes; transfers to Secretary of Agriculture of forest lands; continuing administration of lands and waters for other project purposes; prohibition against limitation of authority under existing provisions of law

No lands under the jurisdiction of any other Federal agency may be included for or devoted to recreation or fish and wildlife purposes under the authority of this section without the consent of the head of such agency; and the head of any such agency is authorized to transfer any such lands to the jurisdiction of the Secretary of the Interior for purposes of this section. The Secretary of the Interior is authorized to transfer jurisdiction over project lands within or adjacent to the exterior boundaries of national forests and facilities thereon to the Secretary of Agriculture for recreation and other national forest system purposes; and such transfer shall be made in each case in which the project reservoir area is located wholly within the exterior boundaries of a national forest unless the Secretaries of Agriculture and Interior jointly determine otherwise. Where any project lands are transferred hereunder to the jurisdiction of the Secretary of Agriculture, the lands involved shall become national forest lands: Provided, That the lands and waters within the flow lines of any reservoir or otherwise needed or used for the operation of the project for other purposes shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation. Nothing herein shall limit the authority of the Secretary of the Interior granted by existing provisions of law relating to recreation or fish and wildlife development in connection with water resource projects or to disposition of public lands for such purposes.

Source credit: (Pub. L. 89–72, § 7, July 9, 1965, 79 Stat. 216; Pub. L. 102–377, title II, § 206, Oct. 2, 1992, 106 Stat. 1332; Pub. L. 102–575, title XXVIII, § 2804(e), Oct. 30, 1992, 106 Stat. 4692.)

history & why it existsrecord from the source credit

1965Enacted · Pub. L. 89-72 · 79 Stat. 216
1992Amended · Pub. L. 102-377 · 106 Stat. 1332
1992Amended · Pub. L. 102-575 · 106 Stat. 4692

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-72 on 1965-07-09.

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